Research On The Plaintiff Qualification Of Administrative Public Interest Litigation Of The Procuratorate

Nowadays, the phenomena of damaging the national interest and the social public interest appears in our country because of the illegal administrative behaviors.However, the framework of our current administrative litigation has not effectively set up administrative public interest litigation system, therefore,the public interest can’t get effective judicial relief when suffering from the violations of the administrative. It’s imminent to construct the administrative public interest litigation system to protect the public interest. However, in accordance with the provisions of Administrative Litigation Law, if someone who wants to get the plaintiff qualification, he must have a direct prerequisite with his claim. The plaintiff qualification of administrative public interest litigation has become the key point of administrative public interest litigation. As the legal supervision institution of our country, The procuratorial organ has the ability to compete with the administrative organ. It’s not only appropriate but feasible for the procuratorial organ as the plaintiff of administrative public interest litigation. In this paper, I will take the first administrative public interest case conducted by the procuratorial organ as the breakthrough point,then explore the theoretical basis of the administrative public interest litigation plaintiff qualification of the procuratorial organ, analyze the rationality of the administrative public interest litigation of the procuratorial organ, and draw on the experience from abroad, so that we can build the administrative public interest litigation system with the procuratorial organ as plaintiff qualification in our country.